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comet:Faulty product - Refund/exchange within the first 28 days only? Or after 28 days too?


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Hi everyone,

 

I still don't know whether I am entitled to a refund or exchange on my 4.5 month old faulty laptop,

obviously I understand the shop (Comet) have to make sure it is in fact faulty and was from the start.

 

I took my laptop back to Comet today and when I asked about a refund or exchange I was told I was not entitled to either

and that my only option would be to have it repaired by the manufacturer.

 

Then they said that if the manufacturer cannot repair it (I can't really see why they wouldn't be able to? maybe if parts no longer available? :???:)

I would then be entitled to a replacement.

 

They also told me that if the fault isn't a factory fault then I am not entitled to anything at all, I understand this is correct according to the SOGA.

 

I guess I was hoping that when the laptop comes back and the manufacturer confirm it was a factory fault

I would be entitled to a refund or exchange because the product was not of satisfactory quality.

 

So am I wrong in hoping/thinking I am entitled to a refund or exchange for my 4.5 month old laptop?

 

Are only items that were bought less than 28 days ago (and proven faulty) allowed a refund or exchange?

 

I am quoting this from another thread I just read...

 

• Wherever goods are bought they must "conform to contract".

This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

 

Reading this is what makes me think if I am entitled to request a refund or exchange for my faulty laptop,

but it doesn't help that the "within a reasonable time" isn't defined.

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it is upto to the retailer to pay for and diagnose the fault under 6mts.

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/forcustomers

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Miss

 

I think it's unacceptable to have a product go wrong after 4.5 months. The best thing to do is write a letter to the retailer, send it to there Head Office, send it Recorded, you'll find templates in no.13 in my signature.

 

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES CLICK HERE

 

If you paid by Credit Card/Visa Debit contact your card provider see if they can help.

 

http://www.dailymail.co.uk/news/article-1382928/Credit-card-firms-refund-price-faulty-goods-students-legal-battle.html

 

Send e-mails after a week asking for progress on the matter.

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it is upto to the retailer to pay for and diagnose the fault under 6mts.

 

dx

 

Hi dx,

 

I am not being requested to pay anything to diagnose/fix the fault. Comet have sent it off to HP (well not until Monday) and I await to hear back to see if it's been fixed.

 

Hi Miss

 

I think it's unacceptable to have a product go wrong after 4.5 months. The best thing to do is write a letter to the retailer, send it to there Head Office, send it Recorded, you'll find templates in no.13 in my signature.

 

If you paid by Credit Card/Visa Debit contact your card provider see if they can help.

 

 

Send e-mails after a week asking for progress on the matter.

 

Hi rebel,

 

Thank you for your reply. I totally think it's unacceptable too but was unsure if I was legally allowed to have a refund or just a repair (and only a refund if Comet offered it themselves).

 

So if my laptop arrives back fixed by HP (the problems no longer exsist) do you think I could still write to head office and request a refund? Or should I only do that if it doesn't come back fixed?

 

Unfortunately I did not pay for the laptop by credit or debit card. I have only so far paid a deposit on my debit card as I bought it on their buy now pay later offer. I am not due to pay the rest of the balance until October this year.

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if its gone to HP then they'll fix it for sure

 

i've had several lappy's goto them and they never fail again.

 

dx

  • Confused 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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if its gone to HP then they'll fix it for sure

 

i've had several lappy's goto them and they never fail again.

 

dx

 

Thanks dx, that is really reassuring to read. I am glad you have had a good experience with HP and them repairing your laptops. I would love to get it back working properly seeing as it's only 4.5 months old.

 

I just wish I had used it earlier when I bought it and then I could have got it sorted sooner. Now I'll make sure to use something well enough as soon as I buy it to make sure all is ok with the product within the first month.

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I would except the repair as it's gone away to be repaired, as DX has said it should be fine. Keep all the documents regarding the repair, just in case the fault comes back. Write a Formal Letter of Complaint mark it as such, explain whats happened, how you've been let down and that you want compensation, the product shouldn't have failed after 4.5 months. If there are specific reasons why you need the laptop, e.g. education, say so. Send it to there customer services department. Make sure you keep a copy with other related paperwork.

 

Here are some tips:- http://www.dailymail.co.uk/femail/article-1242161/How--write-letter-complaint.html

 

 

 

Hi dx,

 

I am not being requested to pay anything to diagnose/fix the fault. Comet have sent it off to HP (well not until Monday) and I await to hear back to see if it's been fixed.

 

 

 

Hi rebel,

 

Thank you for your reply. I totally think it's unacceptable too but was unsure if I was legally allowed to have a refund or just a repair (and only a refund if Comet offered it themselves).

 

So if my laptop arrives back fixed by HP (the problems no longer exsist) do you think I could still write to head office and request a refund?

 

Or should I only do that if it doesn't come back fixed?

 

Unfortunately I did not pay for the laptop by credit or debit card. I have only so far paid a deposit on my debit card as I bought it on their buy now pay later offer. I am not due to pay the rest of the balance until October this year.

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Thanks dx, that is really reassuring to read. I am glad you have had a good experience with HP and them repairing your laptops. I would love to get it back working properly seeing as it's only 4.5 months old.

 

I just wish I had used it earlier when I bought it and then I could have got it sorted sooner. Now I'll make sure to use something well enough as soon as I buy it to make sure all is ok with the product within the first month.

 

once HP are involved in the circle, i've never had another issue.

 

one lappy was one of these touchscreen 'tablet' things with the screen that folds flat

so it looked like an IPAD ...now sev years old.

 

initially when i got it [3mts from Comet]

the screen would not properly align when folded

and the 'touch' was some 3" out.

 

the store did a factory reinstall and it worked again

 

1 week later samething.

 

went back to comet they sent it off to HP under SOGA/HP warranty.

 

18days later courier deliverd it back direct from HP repair centre

 

had a phone call 1 week later from them checking all was ok.

 

mentioned that the Freeview TV dongle that plug in the side

no longer works as the motherboard have been changed.

 

fwd another week, i got a new box for the lappy

containing a completed kit of everything that came

with my/a new lappy , just minus a new lappy.

 

and a new freee three years on-site warranty.

 

cant recommend them higher

though obv you MUST go through your rettailer first.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I would except the repair as it's gone away to be repaired, as DX has said it should be fine. Keep all the documents regarding the repair, just in case the fault comes back. Write a Formal Letter of Complaint mark it as such, explain whats happened, how you've been let down and that you want compensation, the product shouldn't have failed after 4.5 months. If there are specific reasons why you need the laptop, e.g. education, say so. Send it to there customer services department. Make sure you keep a copy with other related paperwork.

 

Here are some tips:-

 

Thank you for that I will check out that link and then write up the letter

 

Thanks again to both of you for your replies

 

I will update the thread once I hear back from Comet about the repair of my laptop

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Just generally looking at threads posted here about suppliers, its really alarming the percentage that mention Comet.

 

From the posts here, and the unusual interpretation Comet appear to harbour over their responsibilities for faulty goods, I suspect I wont be shopping there!

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It is such a shame that consumers are getting fobbed off by Comet (I know of a couple of other retailers who have done the same). Maybe my case is not too bad, but reading some of the other posts on here it's shocking to read how Comet try and worm their way out of the customer getting what they derserve.

 

On another forum someone posted copies of the emails they received from the managing director of Comet, even he avoided the SOGA and refused to refund. I don't think they ever updated the outcome but they did copy quite a few emails sent to him and his replies always refused a refund and it's as if the SOGA meant nothing.

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Hi CCM ,

 

Quite Correct in what you say , but

 

" It's how the retailer deals with the problem in each instance."

 

COMETS failings regarding everything at this moment in time when things go wrong are shockingly bad with no sign of improvement that is the main issue with most complaints her on CAG .

Regards

GorgieBoy

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Well I have an update, not one I was hoping for though

 

I got a call from Comet today and the lady said that she had had my laptop on for 30 minutes and didn't feel it was overheating

and that it hadn't shut down and also said that HP aren't willing to collect it as they didn't think anything was wrong.

 

I repeated the 3 things that are wrong with it, the fan is on constantly, the laptop overheats and has even shut down and the wireless does not work properly.

 

Apparently the information about the fault that was put on the paperwork (done by a Comet employee on Friday when I left the laptop with them) wasn't enough info.

 

Here is what was exactly written under 'Decscription of Fault':

Fault: van on constantley, laptop overheating

Additional Fault Info: wireless only working when pressing off and on everytime laptops on

 

Now, when the person at Comet wrote that on the paperwork I did think it was a bit vague and that they could have explained it better. I even tried to correct them on the spelling of fan (van) and they said they would correct it but clearly they didn't.

 

After explaining again to the lady on the phone what I felt was wrong with my laptop she said she will contact HP and give me a call back,

but it basically sounded like I would be collecting my laptop as is and that there was nothing wrong with it and HP wouldn't collect it because of that.

 

A few minutes later I receive a phone call from the same lady at Comet and she said she forgot to ask me something else about the overheating of the laptop,

whether the laptop overheats more when plugged into the mains than on battery,

 

I confirmed this and she then told me I may have to bring in my laptops power supply before (that's if) HP collect it

(the Comet employee's I saw on Friday said I only needed to leave the laptop).

 

I then asked when my laptop would be collected by HP to be looked at and she said she couldn't confirm this because they may still not accept there is a fault,

then that's when I got rather annoyed and told her that my laptop WILL be looked at HP because there clearly is a fault with it!

 

then her attitude changed slightly and assured me that HP will look at it, so why say otherwise at first? :roll:.

 

I also asked how long it would be at HP and she said it could take upto 4 weeks!

she said she'd call me back after confirming with HP whether they'll need the power pack.

 

I received a call a few mins later and I am told that HP want to do a BIOS update,

I told her I had already done this myself before I brought it to them on Firday

(I read online that sometimes a BIOS update can help, but in my case it didn't),

 

but she replied saying they still need to do diagnostics over the internet and via the phone,

so I was told to come and collect my laptop from Comet, go home and phone HP and do that.

I wont be able to phone them until tomorrow now because the phone line shuts at 6pm.

 

What a waste of time taking the laptop back to Comet on Friday.

 

I thought I was doing good when I went in stating the SOGA

(that it's Comet's place to sort and contact manufacturer, not me, my contract is with them blah blah)

and by doing that I got Comet to sort it for me after first trying to tell me to go back to the manufacturer myself..

. but now now I am having to contact the manufacturer myself anyway.

 

I don't know why they didn't contact me about this yesterday seeing as on Friday I was told the laptop would be collected at comet to go to HP on Monday.

 

I didn't think Comet had computer technicians in store like PC World do?

so who was she to tell me nothing was wrong with my laptop?

 

I left it at Comet on Friday because I was told it would be sent to HP on Monday,

then I get a call today on Tuesday telling me a Comet employee has decided to play with my laptop to see if it overheats then to be told it doesn't.

 

She even asked me what it was I was doing on the laptop when it overheats,

I told her browsing the internet, I wasn't doing anything else as I haven't used the laptop and therefore nothing is installed on it other than an anti-virus

(so no videos, photos, files or other software that I use)

and she said it sounds like it's the internet that's causing the problem.

 

Well I never knew that the internet could cause a laptop to over heat.

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Oh to try and cut my previous post short incase you don't want to read (sorry it's long!), my laptop didn't get collected from Comet to go to HP yesterday

as HP didn't think there was a fault with my laptop

(and neither did a Comet employee who decided to have a play with it themselves).

 

I was told by Comet to collect my laptop from them and go home and ring HP myself.

So it seems my journey to Comet on Friday was a waste of time.

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What model is it? It's not a G6 is it? I have found they clog up rather easily so blowing the fan out (the keyboard needs to come off first to do this) will sort it. Some of the slightly older ones do as well (G62).

 

The wireless problem does sound more like a software issue than a hardware one. Does it work without fail if you disable and enable it when it's on? I can't see that being the wireless card if so. It sounds more like a problem with the HP wireless assistant or wireless driver to me. I know you don't really want to deal with HP yourself, but have you spoken to anyone at HP about this problem with the wireless?

 

Yes it is a G6 1238SA. I was told by others on a forum about the fan clogging up, but my laptop has only been used 5 times in the last week, before this it was stored in a plastic bag (that it came in in the box), so personally I doubt this is the issue.

 

When I turn the laptop on the wireless doesn't connect automatically to my wirless network (even though the option is checked). I then left click, find my network and click 'Connect' on my wireless network. It wil try to connect then eventually say it was unable to, if I click the troubleshoot or repair (cannot remember what it says exactly) it will come back telling me to reset my router. I did not do this and just turned off the wireless in my laptop via the button on the keyboard, waited a few seconds then turned it on again, again it will not connect automatically so I have to left click find my network and click 'Connect' and that's when it will work. I have had to do this every time I turn the laptop on.

 

One time when I clicked troubleshoot it came back something about the wireless adapter in the laptop but I cannot remember what it said.

 

A software issue? well I really hope not because Comet told me on Friday I am not covered for software issues.

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Since you've owned it, the laptop has stayed in a plastic bag? I dunno, all I know is they clog easily, but it's quite quick to remedy if that is the case. What kind of surface do you use it on?

 

Regards to the wireless, it does sound software based. Does it behave like this on different routers? (I am guessing so if it did it in Comet). There will be updates for both the HP wireless manager and wifi card on the HP site. if you call them, they will talk you through this. If that fails to resolve it, the next step would to be a factory restore. Failing that the WIFI card should be swap tested (obviouosly by HP), when they fix your other problem.

 

Yes, I used it once to get windows set up, then I was away for home with work for many weeks and I continued using my tiny acer notebook. It was a part christmas present from my mum, so when I first set it up it was end of Dec. I decided to start using it the other week because I couldn't take my PC everywhere and the notebook can not handle my files/tasks. Thank you for the advice but to be totally honest am not willing to take the laptop apart myself, however simple. I just find it shocking that a laptop could clog up after about 5 hours of use.

 

I am not sure if it behaves like this on different routers. The lady who phoned me didn't mention connecting to the internet, and when I told her it overheated using the internet she didn't then say she would test it on the internet herself. I am assuming she didn't connect it or couldn't because HP requested that I do the internet diagnostics with HP myself.

 

I will check the HP site for updates, or maybe I should just wait to see what HP say when I phone tomorrow... it's just when I did the BIOS update there were a few other updates that I didn't do.

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I phoned HP today, didn't get back from work in time yesterday.

 

The technician had me uninstall something to do with the wireless (something something wifi adapter in device manager). Shut down then restart, had to find my wireles network click connect (making sure the connect automatically box was checked), enter the key and it worked YAY.

 

Next he had me enter the bios to change the fan setting. The setting was called something like Fan always on and was enabled so he got me to disable it. After starting up I noticed the fan was no longer on constantly.

 

Now for the overheating... He had me download speedfan to check the CPU temp. Unfortunately after downloading and installing speedfan it does not show my CPU temp for some odd reason and also does not show the fan speeds etc. He did not know why this was and then suggested that there is nothing he can advise me on with regards to the laptop getting hot, if they were to collect it they would do the same sort of tests and it would probably end up getting sent back to me 2 weeks later no different! :|. Then he said for me to keep eye on it and note any error messages if it shuts down and to call them back, not to worry as I still have some of my 12 month warranty left.

 

He also said if I notice the fan kicks in too many times, say 20 times an hour instead of 2 times then to call back too. Well after finishing the call I have noticed that's exactly what it's doing - the fan comes on, and once it goes off it's off for about a minute, if that, then it comes back on even though I am not doing anything on the laptop. Just keeps doing it over and over.

 

Oh and I restarted the laptop because after contacted a friend about speedfan not showing my CPU they told me that I could see the CPU temp in bios so I checked and nowhere in the bios menu does it give me any temperatures, let alone the CPU temp :???:. So after exiting that the laptop started up, and guess what? the wireless is playing up again so it's not fixed!

 

So over an hour spent on the phone that cost me money and it seems I didn't get very far. I will have to call back again tomorrow now because their phone lines shut in 5 mins.

 

Hi CCMRob12, sorry I didn't get a chance to try this before phoning HP as haven't been on the forum.

Hi, not sure if you are still about but I have done some digging on the HP site and found this, might be worth trying before you phone HP.

 

I had the same issue with a G6 1265SA also bought from argos. I found the following info elsewhere in this forum and it appears to resolve the problem:

 

Process One:

 

Step 1: Select Control Panel

 

Step 2: Select Hardware and Sound

 

Step 3: Select Device Manager

 

Step 4: Open Network Adapters List by clicking on name

 

Step 5: Select Atheros AR9485

 

Step 6: Right Click and Select Properties

 

Step 7: Select tab titled "Power Management"

 

Step 8: UNCHECK or DESELECT the option button which says "Allow the computer to turn off this device to save power"

 

Step 9: Hit OK

 

Process Two:

 

Step 1: Select Control Panel

 

Step 2: Select Hardware and Sound

 

Step 3: Under Power Options, Select Change Battery Settings, Left Click

 

Step 4: Under HP Recommended Power Plan, Select Blue Link Titled "Change plan settings"

 

Step 5: Under Blue Link Titled "Change advanced power settings"

 

Step 6: Look for TAB Titled "Wireless Adapter Settings", Open this selection by clicking on left mouse

 

Step 7: Open Menu Power Saving, for on battery and plugged in, Select "Maximum Performance" VICE "Low Power Savings" *Make sure to do both settings for battery and plugged in.*

 

Step 8: Hit Apply, Then Hit OK

 

 

Let me know if it helps at all or if not...:)

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